You can sue the cop for false arrest and negligent investigation.
The police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada.
http://scc.lexum.umontreal.ca/en/2007/2 ... scc41.html
You can also file a complaint against him under s. 56 of the Police Service Act.
http://www.e-laws.gov.on.ca/html/statut ... 0p15_e.htm
You stated the person didn't have their licence with them. They provided ownership and insurance, and gave their proper name. If they gave their correct name that was all that was required by law.
Why was the driver originally stopped by the police?
The cop must have reasonable and probable grounds for arresting the person without a warrant.
HTA s. 217. (2) requires that the officer subjectively have an honest belief that the suspect has
committed an offence under any of the provisions of subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, subsection 106 (8.2), section 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1); and objectively there must exist reasonable grounds for this belief.
You can view all of those sections on the link below.
http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
Section 217 requires that reasonable and probable grounds exist in fact.
Did the cop also impound the car?
Did the cop take the person arrested before a justice of the peace or provincial judge to be dealt with according to law?
What reasonable and probable grounds for arresting the person without a warrant did the cop give?
What did the JP or judge say?
If the police have stopped this person several times, then the cops know who they are. If the cop does not have reasonable and probable grounds to make the arrest, and I say they didn't based upon the info you provided, then you can also have the cop criminally charged with assault under s. 265.(1)(a) of the Criminal Code, kidnapping and forcible confinement under s. 279.1(a) of the Code.
You can go down to see a Justice and get an arrest warrant for the cop under s. 504 of the Criminal Code.
http://laws.justice.gc.ca/en/showdoc/cs ... I-gb:s_504
The Justices are as corrupt as the cops and you'll never get an arrest warrant signed, though.
The person could've arrested the cop on the spot without a warrant under s. 494 of the Criminal Code. That's too late now, though.
The assault occurred when the cop touched the person against their will. The kidnapping occurs when the cop moves the person from the spot of the false arrest to the police station against their will. The forcible confinement occurs when you're placed in a cell and in some cases even the backseat of a cop car against your will.
The person provided ownsership and Insurance, both of which provide the name of the person. Since the person gave his proper name in lieu of the driver's licence, which is all that is legally required under s. 33(3), the cop has made a false arrest.
***EDITED BY FORUM***
http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
As to carrying licences and surrender on demand
33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).
Same, re novice driver rules
(2) Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. 1993, c. 40, s. 3.
Identification on failure to surrender licence
(3) Every person who is unable refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification.
Arrests without warrant
217. (2) police officer who, on reasonable and probable grounds, believes that a contravention of any of the provisions of
... section 33 (3),
... has been committed,
may arrest, without warrant, the person he or she believes committed the contravention. R.S.O. 1990, c. H.8, s. 217 (2); 1993, c. 40, s. 8; 2009, c. 5, s. 55.
Arresting on view
(3) Every person may arrest without warrant any person whom he or she finds committing any such contravention. R.S.O. 1990, c. H.8, s. 217 (3).
Arrest without warrant for contravention of subs. 177 (2)
(3.1) A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177 (2) may arrest the person without warrant if,
(a) before the alleged contravention of subsection 177 (2), the police officer directed the person not to engage in activity that contravenes that subsection; or
(b) the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention. 1999, c. 8, s. 7 (2).
Detaining vehicle when arrest is made
(4) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, may detain the motor vehicle with which the offence was committed until the final disposition of any prosecution under this Act or under the Criminal Code (Canada), but the motor vehicle may be released on security for its production being given to the satisfaction of a justice of the peace or judge. R.S.O. 1990, c. H.8, s. 217 (4).
Exceptions to release of motor vehicle
(4.1) A motor vehicle shall not be released under subsection (4) if it was removed, stored, detained or impounded pursuant to any provision of this Act other than subsection (4) of this section. 2007, c. 13, s. 24.
Care and storage charges
(5) All costs and charges for the care and storage of a motor vehicle detained under subsection (4) are a lien upon the motor vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. R.S.O. 1990, c. H.8, s. 217 (5).
Duty of person arresting without warrant
(6) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, shall, with reasonable diligence, take the person arrested before a justice of the peace or provincial judge to be dealt with according to law.
Defence of Person
Self-defence against unprovoked assault
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
Extent of justification
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
Self-defence in case of aggression
35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.
37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.
Extent of justification
(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.
http://laws.justice.gc.ca/en/showdoc/cs ... _1-gb:s_34
265. (1) [b]A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
http://laws.justice.gc.ca/en/showdoc/cs ... gb:s_264_1
279. (1) Every person commits an offence who kidnaps a person with intent
(a) to cause the person to be confined or imprisoned against the person’s will;
http://laws.justice.gc.ca/en/showdoc/cs ... I-gb:s_279